Lowrey, Gerald Mac

• Court: Court of Appeals of Texas
• Decided: August 17, 2015
• Docket: PD-1053-15
• Status: Published

Opinion

PD-1053-15 PD-1053-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS August 17, 2015 Transmitted 8/12/2015 10:19:53 AM Accepted 8/17/2015 12:18:33 PM ABEL ACOSTA CLERK NO. _____________________

GERALD M AC LOW REY § IN THE COURT OF § VS. § CRIMINAL APPEALS § STATE OF TEXAS § OF TEXAS

COURT OF APPEALS NUMBER 06-14-00172-CR

M O TIO N TO EXTEN D TIM E TO FILE PETITIO N FO R D ISC R ETIO N A R Y R EVIEW

TO THE HONORABLE JUDGES OF SAID COURT:

Now comes Gerald M ac Lowrey, Appellant in the above styled and

numbered cause, and moves for an extension of time of 60 days to file a petition

for discretionary review, and for good cause shows the following:

1. On July 14, 2015, the Sixth District Court of Appeals affirmed

appellant's conviction. G erald M ac Low rey v. State, Cause number 06-14-00172-

CR. This petition is therefore due on August 13, 2015.

2. Appellant has indicated to the undersigned attorney that he wishes to

file a Petition for Discretionary Review. The undersigned attorney was

Appellant’s court appointed attorney on appeal to the Court of Appeals. The

undersigned attorney is filing this M otion so that Appellant can make

arrangements to file his Petition for Discretionary Review w ith the Court of

Criminal Appeals. The undersigned is presently representing Appellant for the limited purposes of filing this M otion. Appellant has been unable to complete the

petition for the following reasons: Appellant is truck driver, and is currently

driving over the road. He does not have the education or training to file his own

Petition for Discretionary Review. Appellant has indicated to the undersigned

attorney that he is without funds to hire an attorney, but believes that he can raise

money within the month to hire an attorney.

3. Defendant is currently free on bond.

W HEREFORE, PREM ISES CONSIDERED , appellant respectfully

requests an extension of 60 days, i.e. until October 12, 2015, to file a petition for

discretionary review.

Respectfully submitted,

Gary L. W aite 104 Lamar Ave. Paris, Texas 75460 (903) 785-0096 (903) 785-0097

By:/s/G ary L. W aite Gary L. W aite State Bar No. 20667500 garywaite@ sbcglobal.net Attorney for Gerald M ac Lowrey C ER TIFIC A TE O F SER VIC E

This is to certify that on A ugust 12, 2015, a true and correct copy of the

above and foregoing document was served on the County A ttorney's Office, Lamar

County, 119 N. M ain, Paris, Texas 75460, by personal delivery.

/s/ G ary L. W aite Gary L. W aite